On Application for Rehearing.
PROVOSTY, J.[4] Both parties suggesting that this suit be not remanded but be finally disposed of, and, for the reasons heretofore assigned, there being no other alternative than a remand or a dismissal:
It is ordered, adjudged, and decreed that the decree heretofore handed down be set aside, and that the judgment appealed from be set aside, and that this suit be dismissed at plaintiff’s costs.